End of employment
In LM Boychuk v HJ Symons Holdings Ltd [1977] IRLR 395 EAT, the EAT held that an employee who insisted on wearing a "Lesbians Ignite" badge was fairly dismissed because the employer asserted that the badge could cause offence to fellow employees and customers.
In Devis & Sons v Atkins, the House of Lords rules that whether a dismissal is unfair must be judged according to the facts which the employer knew or should have known at the time the decision to dismiss was taken.
In Mansfield Hosiery Mills Lid v Bromley, the EAT emphasises that it is only in exceptional cases that a failure to follow a correct procedure will not result in a finding of unfair dismissal.
In Post Office v PA Mughal [1977] IRLR 178 EAT, the EAT established that the general test of fairness in dismissing a probationary employee is whether the employer took reasonable steps to maintain appraisal of the probationer throughout the probationary period, giving guidance by advice or warning, and whether an honest effort was made to determine whether he or she came up to the required standard.
In East Lindsey District Council v G E Daubney [1977] IRLR 181 EAT, the EAT held that a failure to investigate an employee's medical condition and prognosis prior to dismissal for capability would normally result in unfair dismissal.
In C A Treganowan v Robert Knee & Co Ltd [1975] IRLR 247 HC, the High Court held that a clash of personalities between employees constitutes "another substantial reason" for dismissal within the meaning of the Trade Union and Labour Relations Act 1992.
In S Futty v Brekkes (D & D) Ltd [1974] IRLR 130 IT, the Industrial Tribunal held that an off-the-cuff remark by a foreman to an employee that if he didn't like his job he could leave had its own particular meaning in the fish trade and could not be held to constitute a dismissal.
In RJ Dedman v British Building and Engineering Appliances Ltd [1973] IRLR 379 CA, the Court of Appeal held that an employee's time limit for presenting his unfair dismissal claim had expired. He knew his rights and was being advised by solicitors well before the expiry of the time limit.
In RS Components Ltd v RE Irwin [1973] IRLR 239 NIRC, the National Industrial Relations Court held that it was reasonable to terminate the employment of an employee who refused to sign a covenant restricting him operating in competition with the company for one year after leaving the company's employment.
In D C Foot v Eastern Counties Timber Co Ltd [1972] IRLR 83b IT, the Industrial Tribunal held that the dismissal of an employee whose spouse sets up a rival business may be justified.
Employment law cases: HR and legal information and guidance relating to the end of employment.